#### § 216.112 Definitions.

In addition to the definitions provided in the MMPA, for purposes of this subpart, the following definitions apply:

*Barter* means the exchange of parts from gray whales taken under this subpart for other wildlife or fish or their parts or for other food or for nonedible items other than money if the exchange is of a noncommercial nature.

*Bonilla-Tatoosh Line* means the line running from the western end of Cape Flattery (48°22′53′′ N lat., 124°43′54′′ W long.) to Tatoosh Island Lighthouse (48°23′30′′ N lat., 124°44′12′′ W long.) to the buoy adjacent to Duntze Rock (48°28′00′′ N lat., 124°45′00′′ W long.), then in a straight line to Bonilla Point (48°35′30′′ N lat., 124°43′00′′ W long.) on Vancouver Island, British Columbia.

*Calf* means any gray whale less than 1 year old.

*Enrolled member* or *member* of the Makah Indian Tribe means a person whose name appears on the membership roll maintained by the Makah Tribal Council.

*ENP gray whale* means a member of the Eastern North Pacific stock of gray whales (*Eschrichtius robustus*).

*Export* means the act of sending goods from one country to another.

*Gray whale* means a member of the species *Eschrichtius robustus.*

*Harpooner* means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of harpooning a gray whale.

*Hunt* and *hunting* mean to pursue, strike, harpoon, shoot, or land a gray whale under a hunt permit issued under § 216.113(b) or to attempt any such act, but does not include hunting approaches, training approaches, or training harpoon throws. As a noun, *hunt* also means any act of hunting.

*Hunt permit* means a permit issued by NMFS in accordance with 16 U.S.C. 1374 and this subpart.

*Hunting approach* means to cause, in any manner, a vessel to be within 100 yards (91.5 m) of a gray whale during a hunt.

*Land* and *landing* mean bringing a gray whale or any products thereof onto the land in the course of hunting.

*Makah Indian handicrafts* means articles made by a member of the Makah Indian Tribe that contain any nonedible products of an ENP gray whale that was obtained pursuant to a permit issued under this subpart, are significantly altered from their natural form, and are produced, decorated, or fashioned in the exercise of traditional Makah Indian handicrafts without the use of pantographs, multiple carvers, or similar mass copying devices. Makah Indian handicrafts include, but are not limited to, articles that are carved, beaded, drawn, or painted.

*Makah Indian Tribe* or *Tribe* means the Makah Indian Tribe of the Makah Indian Reservation as described in the list of federally recognized Indian tribes maintained by the U.S. Department of the Interior.

*Minimum population estimate* for Pacific Coast Feeding Group (PCFG) gray whales is the lower 20th percentile of the PCFG population estimate.

*NMFS* means the National Marine Fisheries Service.

*NMFS hunt observer* means a person designated by NMFS to accompany and observe a hunt.

*Pacific Coast Feeding Group (PCFG) gray whale* or *PCFG whale* means an ENP gray whale photo-identified during 2 or more years between June 1 and November 30 within the region between northern California and northern Vancouver Island (from 41° N lat. to 52° N lat.) and entered into a photo-identification catalog(s) recognized by the Regional Administrator.

*PCFG population estimate* means an abundance estimate based on data derived from photo-identification surveys and catalog(s) recognized by the Regional Administrator. Such data will also be the basis for projecting PCFG population estimates in future hunting seasons.

*Recordkeeping* and *reporting* mean the collection and delivery of photographs, biological data, harvest data, and other information regarding activities conducted under the authority of this subpart.

*Regional Administrator* means the Regional Administrator of NMFS for the West Coast Region.

*Rifleman* means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of shooting a gray whale.

*Safety officer* means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of evaluating hunt conditions including, but not limited to visibility, target range and bearing, and sea condition.

*Share* means to voluntarily transfer or gift edible or nonedible parts from gray whales taken under this subpart to another person without compensation.

*Strike* or *struck* means to cause a harpoon, darting gun, or other weapon, or a projectile from a rifle or other weapon, to penetrate a gray whale's skin or an instance in which a gray whale's skin is penetrated by such a weapon or projectile during hunting. Multiple strikes on the same whale are considered a single strike.

*Struck and lost* refers to a gray whale that is struck but not landed.

*Summer/fall hunt* means a hunting season spanning 4 consecutive months from July 1 to October 31.

*Training approach* means to cause, in any manner, a training vessel to be within 100 yards (91.5 m) of a gray whale.

*Training harpoon throw* means an attempt to contact a gray whale with a blunted spear-like device that is incapable of penetrating the skin of a gray whale.

*Training vessel* means a canoe or other watercraft used to train for a hunt that does not carry weapons ordinarily used by a harpooner or rifleman to strike a gray whale.

*Tribal hunt observer* means a Tribal member or representative designated by the Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of monitoring and reporting on a hunt.

*U&A* or *Makah Indian Tribe's U&A* means the Tribe's usual and accustomed fishing grounds, which area consists of the United States waters in the western Strait of Juan de Fuca west of 123°42′17′′ W long. and waters of the Pacific Ocean off the mainland shoreline of the Washington coast north of 48°02′15′′ N lat. (Norwegian Memorial) and east of 125°44′00′′ W long.

*Unsuccessful strike attempt* means any attempt to strike a gray whale while hunting that does not result in a strike.

*Western North Pacific (WNP) gray whale* means a member of the Western North Pacific stock of gray whales (*Eschrichtius robustus*).

*Whaling captain* means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of leading a hunt and is authorized by the Makah Indian Tribe to be in control of the whaling crew.

*Whaling crew* means those members of the Makah Indian Tribe taking part in a hunt under the control of a whaling captain, not including the Tribal hunt observer.

*Winter/spring hunt* means a hunting season spanning 6 consecutive months from December 1 to May 31 of the calendar year following a summer/fall hunt.